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2025 DAILYLAW 42624 (MAD)

S.GANAPATHI v. THE DISTRICT COLLECTOR

WP/23842/2024 · 2025-03-06

K Rajasekar, S M Subramaniam

Transfer Petitionbody2025

Judgment text

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2025:MHC:746 WP No. 23842 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-03-2025 CORAM THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR WP No. 23842 of 2024 1. S.Ganapathi Petitioner(s) Vs 1. The District Collector Thiruvallur District, Thiruvallur-602 001. 2.The Deputy Director District Town And Country Planning Office, 43/397A, Anna Indira Gandhi Salai, Rajajipuram Part-II, Tiruvallur-602 001 3.The Tahsildar, Thiruvallur Taluk, Thiruvallur-602 001 4.The Block Development Officer (village Panchayat) Ellapuram Panchayat Union, Ellapuram 601 102, https://www.mhc.tn.gov.in/judis WP No. 23842 of 2024 Thiruvallur District. 5.The President / Executive Authority, Vengal Village Panchayat, Vengal 601 103, Thiruvallur Taluk and District. 6.N.D.R. Ware Housing Private Limited Rep. By Its Managing Director, 54, B Lock 103 Sreekaram Apartments, Pallavan Nagar, Maduravoyal, Chennai-600 095. 7.M/s.Reliance Projects And Property Management Services Ltd. 89, A1 Towers, Dr.Radhakrishnan Salai, Mylapore Chennai-600 004. Respondent(s) WP No. 23842 of 2024 PRAYER Directing the respondents 1 to 5 to take appropriate action on the illegal / unauthorized structure constructed by the 6th respondent herein in the lands comprised in Survey Nos.74/2B, 74/3B, 74/7B, 70/1S, 70/1T, 74/10A1B, 74/10A1C, 70/1P2, 70/1Q2, 70/1R2, 74/9B, 74/10B of Vengal “A” Village, Ellapuram Block, Tiruvallur Taluk and District in accordance with the provisions of the Tamil Nadu Town and Country Planning Act and the Rules made thereunder and the Tamil Nadu Panchayat Building Rules. WP No. 23842 of 2024 For Petitioner(s): Mr.S.Thirumavalavan https://www.mhc.tn.gov.in/judis WP No. 23842 of 2024 For Respondent(s): Mr.P.Muthukumar AAG Assisted by Mr.S.John J.Raja Singh AGP For R1 & R2. And Mr.C.Selvaraj AGP For R3 to R5 M/s. K. Alakendran, For R6 M/s.N.R.Anantha Rama Krishnan For R7 ORDER (Order of the Court was made by S.M.Subramaniam J.) The writ petition has been instituted to direct the respondents 1 to 5 to take appropriate action against the illegal/unauthorized structure constructed by the 6 th respondent in the lands comprised in Survey Nos.74/2B, 74/3B, 74/7B, 70/1S, 70/1T, 74/10A1B, 74/10A1C, 70/1P2, 70/1Q2, 70/1R2, 74/9B, 74/10B of Vengal “A” Village, Ellapuram Block, Tiruvallur Taluk and District. 2. The learned Additional Advocate General appearing on behalf of the respondents 1 to 4 would submit that based on the inspection conducted, a notice was issued to discontinue the ongoing unauthorised construction on 08.10.2024. https://www.mhc.tn.gov.in/judis WP No. 23842 of 2024 3. The learned counsel for the respondents 6 and 7 submitted that the respondents would submit their documents in response to the notice issued by the Assistant Director, District Town and Country Planning, Tiruvallur District. 4. It is needless to state that the procedures as contemplated under the Town and Country Planning Act and Rules framed thereunder are to be followed by the authorities, while continuing the action against the unauthorised construction or deviation, if any identified. 5. Since notice has already been issued to the private respondents, the respondents 1 to 4 are directed to continue all further process by following the due procedures. In the event of identifying any unauthorised constructions/deviations, they must be demolished. The said exercise is directed to be completed as expeditiously as possible, preferably within a period of three (3) months from the date of receipt of a copy of this order. https://www.mhc.tn.gov.in/judis WP No. 23842 of 2024 6. With the above directions, this Writ Petition stands disposed of. No costs. (S.M.SUBRAMANIAM J.)(K.RAJASEKAR J.) 06-03-2025 Jeni Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No https://www.mhc.tn.gov.in/judis WP No. 23842 of 2024 To 1.The District Collector Thiruvallur District, Thiruvallur-602 001. 2.The Deputy Director District Town And Coutnry Plannign Office, 43/397a, Anna Indira Gandhi Salai, Rajajipuram Part-ii, Tiruvallur- 602 001 3.The Tahsildar, Thiruvallur Taluk, Thiruvallur-602 001 4.The Block Development Officer (village Panchayat) Ellapuram Panchayat Union, Ellapuram 601 102, Thiruvallur District. 5.The President / Executive Authority, Vengal Vilalge Panchayat Vengal 601 103, Thiruvallur Taluk And District. 6.N.D.R. Ware Housign Private Limited Rep. By Its Managing Director, 54, B Lock 103 Sreekaram Apartments, Pallavan Nagar Maduravoyal, Chennai-600 095. 7.M/s.Reliance Project S And Proeprty Management Services Ltd 89 A1 Towers, Dr.Radhakrishnan Salai, Mylapore Chennai-600 004. https://www.mhc.tn.gov.in/judis WP No. 23842 of 2024 S.M.SUBRAMANIAM J. AND K.RAJASEKAR J. Jeni WP No. 23842 of 2024 06-03-2025 https://www.mhc.tn.gov.in/judis